How does an out-of-state executor transfer a mobile home affixed to land and vehicles after probate in North Carolina?

Detailed Answer

When someone dies owning a mobile home permanently attached to land and vehicles in North Carolina, an out-of-state executor must follow state probate rules. First, you must qualify with the clerk of superior court by filing a petition, designating an in-state agent, and posting bond. See N.C. Gen. Stat. § 28A-6-3. Once the clerk issues your letters testamentary, you gain authority to collect, manage, and distribute estate assets.

The mobile home affixed to land generally counts as real property in North Carolina. Under N.C. Gen. Stat. § 105-273, a manufactured home permanently attached to a foundation is taxed as real estate. To transfer ownership, you prepare and sign a personal representative’s deed. Follow the deed format in N.C. Gen. Stat. § 47-20. Then record the deed with the register of deeds in the county where the property lies.

Vehicles and non-affixed manufactured homes require title transfers through the North Carolina Division of Motor Vehicles (NCDMV). You complete form MVR-605 (Affidavit for Collection and Payment of Personal Property Taxes, Estate Transfer) and submit it with your letters testamentary, the decedent’s death certificate, and the vehicle’s existing title. Under N.C. Gen. Stat. § 20-71.7, the DMV issues new titles in the heir’s or devisee’s name once you pay required taxes and fees.

Before distributing estate assets, you must:

• Publish a notice to creditors. See N.C. Gen. Stat. § 28A-18-2.
• File an inventory and appraisal with the clerk. See N.C. Gen. Stat. § 28A-13-2.
• Obtain a tax clearance or pay any estate tax. See N.C. Gen. Stat. § 105-330.

Key Steps to Transfer Mobile Home and Vehicles

1. Qualify as an out-of-state executor: file your petition, designate an agent, and post bond. (N.C. Gen. Stat. § 28A-6-3)
2. Obtain Letters Testamentary from the clerk of superior court.
3. Publish a notice to creditors and file inventory and appraisal. (N.C. Gen. Stat. § 28A-18-2; § 28A-13-2)
4. Classify the mobile home: real property vs. personal property. (N.C. Gen. Stat. § 105-273)
5. Transfer the mobile home via deed and record it. (N.C. Gen. Stat. § 47-20)
6. Transfer vehicle titles through NCDMV using form MVR-605. (N.C. Gen. Stat. § 20-71.7)
7. Pay required taxes and fees. (N.C. Gen. Stat. § 105-330)
8. Deliver new titles and recorded deeds to heirs or beneficiaries.

Call to Action

Transferring a mobile home affixed to land and vehicles after probate can feel complex. Pierce Law Group’s attorneys have guided many out-of-state executors through this process. If you need help with North Carolina probate administration, email us at intake@piercelaw.com or call (919) 341-7055. Let us handle the details so you can focus on honoring your loved one’s wishes.